Currently under review in the Brazilian Federal Senate, Bill No. 4/2025 introduces specific rules for the digital sphere.
By Caiane Brandão
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Legale Overseas, no. 958.
Initiated on January 31, 2025, Bill No. 4/2025, currently under review in the Brazilian Federal Senate, proposes a comprehensive update to the Civil Code and, for the first time, includes provisions specifically addressing the digital sphere. These cover topics such as digital assets, artificial intelligence, platform liability, and personal data protection.
Although other rights established under Brazilian law are also applicable in this context, the proposal introduces specific digital rights. Among the main changes in the digital environment are the inclusion of concepts such as digital law, digital assets defined as inheritable property, digital identity and signature, liability of digital platforms, artificial intelligence, child and adolescent protection, the right to be forgotten and deindexation, deepfakes, among others.
Digital assets are defined as inheritable property that may be described in a will, consisting of a set of intangible and immaterial assets with economic value. The digital inheritance may include passwords and financial data, social media profiles, airline miles, cryptocurrencies, gaming accounts, and digital content such as photos, videos, and texts.
The proposal establishes that, in the absence of a declaration of intent by the account holder, the deceased’s heirs or legal representatives may request the deletion of the account, its maintenance, or its conversion into a memorial. In cases where there are no heirs or legal representatives, digital platform accounts must be deleted within six months of the account holder’s death.
The bill also introduces significant changes regarding the measures that platforms must adopt to reduce the risks of disseminating illicit content. These include annual risk assessments, audits with deadlines for implementing recommendations, and the expansion of the civil and administrative liability of digital platforms.
The new wording will also impact the dissemination of fake news, imposing on providers the obligation to repair damages caused by third-party content distributed through platform-sponsored advertising, as well as in cases of systematic noncompliance with the duties and obligations established by the Civil Code.
The text also introduces the definition of a “digital legal situation,” which may be established between natural persons, legal entities, and virtual entities such as robots, virtual assistants, artificial intelligences, automated systems, and others.
Regarding content related to children and adolescents, a specific chapter will define rules concerning online presence and identity, requiring the implementation of effective age-verification systems and mechanisms that allow parents and guardians to monitor and restrict minors’ access to digital content.
The new Civil Code guarantees citizens the right to be forgotten and the right to deindexation in the digital environment. The first prevents the disclosure of irrelevant, albeit true, or outdated information about a person. Deindexation, in turn, refers to the removal of links from search engines, such as Google, in cases involving the exposure of intimate images, fake pornography, personal data, or content involving children and adolescents.
The proposal also sets forth rules for the creation of deepfakes, establishing that images—photographic or video—of living or deceased persons generated by artificial intelligence may only be produced with authorization from the individual or their heirs and legal representatives, provided they are not used in a defamatory, discriminatory, or otherwise disrespectful manner contrary to the person’s values or expressed will during their lifetime.
Vaz de Almeida Advogados is closely monitoring the progress of Bill No. 4/2025 and any updates that may occur during this stage of review, ensuring that, with its team’s extensive experience, the forthcoming changes are strategically applied in defense of its clients’ interests.
Translation Disclaimer
This document was originally drafted in Portuguese and subsequently translated into English using artificial intelligence (AI).
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